Singh Saheb ji, read below:
I filed my I-485,AP, EAD at VSC in mid-July and after 1 month of filing I was laid off by my company A. My I-140 is already approved (non-concurrent filing) and my employer A is not revoking it.
---- Request employer A NOT to revoke the approved I140
On sep 4, I filed H1-B transfer with a new company B .
My 6yrs on H1-B visa are expiring in Jan-end of 2004.
1) The company B will be filing for my LC from fast state in October'03. If I clear my labor by end of Dec'03 and file I-140+I-485,EAD,AP concurrently with company B,
based on this can I get a 7th yr H1- extension ?
----- You can get 7th year H1 extension with receipt of I-485 that you filed on the base of company A, you don’t need employer B I-140 filing or I-485 filing receipt to get 7th year H1 extension. If you file I-140 and I-485 through B then that I-140 filing receipt or I-485 pending receipt can also be used for 7th year extension. Any I-485 pending or I-140 pending or LC filed 365 days before from ANY employer can be the base of 7th year extension even if you don’t work with them currently
2) Can a person's TWO I-485 applications remain pending in same service center belonging to different employers? Both my employers A and B come under Vermont jurisdiction.
---- Nothing illegal to file two I-485 if they are based on different employer LC, I-140.
OR
Once you get the receipt of second I-140 filing you can request VSC to approve your pending I-485 based on that I-140 approval (it is much better so send this latter when new I-140 is Approved and the copy of new I-140 should be sent) remember your previous I-485 should be pending at that time. Lawyer will draft a letter to VSC that new I-140 should be the base of pending I-1485 and will send the receipt copy of pending I-485 (if that I-485 is still pending)
OR
You can file second I-140 with CP option
OR
File I-140, I-485, no problem, once you get the receipts you will be fine or BCIS may ask you which I-485 you would like to be the base for the approval and you should choose that has earlier PD, that may be asked when they are going to approve and look at your complete file and search your records with A#. By filing second I-485 you are just paying extra fees and medical cost, if it gives you peace of mind then go for it. It is not fraudulent or illegal.
I know few cases where the person has I-140 approved from past employer more that 180 days and I-485 pending more than 180 days, they changed the employer got new LC and filed new I-140 and I-485 as safety. They may have problem using
the AC21 or the new job may not be same/similar. That is the reason they filed second I-140 and I-485.
*** Request your lawyer to recapture the earlier PD of I-140 that was filed by A when lawyer sends new I-140 and I-485, provide the lawyer the filing receipt or approved copy of earlier I-140, if you have only previous I-140 filing receipt then provide him receipt and BCIS online print out that shows I-140 was approved. It will help in future if the EB3 or EB 2 retrogresses in future for India
